Can a Judge Include Other Orders With a Domestic Violence Restraining Order?

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According to California's Domestic Violence Prevention Act, a judge may grant additional orders to the restraining orders such as:

Child custody and visitation orders: If the person seeking protection and the person to be restrained have one or more children together, the judge can decide where the children will live, which parent will make decisions affecting the children, and how the children will spend time (where, when, and whether supervised) with the restrained parent.

Parentage: If the person seeking protection and the person to be restrained have one or more children together and are not married, the judge can accept an agreement (called a "stipulation") to parentage and enter a Judgment of Parentage.

Removal of child: The person seeking protection may ask the judge to restrict either or both parents from traveling or moving outside of the city, county, area, or state with the children.

Child support: The judge may be asked to order the restrained parent to pay child support according to California's guideline. If you need help with child support issues,
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Spousal support: If the parties are married to each other, the judge may make an order for spousal support.

Property control: The person seeking protection may ask the judge to give each person "exclusive temporary use, possession, and control" of certain things that they own together (such as a car, truck, boat, computer, tools, electronic equipment, bank accounts, or household appliances) until their dispute is resolved. If the person seeking protection needs to have the restrained person continue to make the loan payments, that must be included in this request.

Give up guns and ammunition (firearms relinquishment): The judge can order the person to be restrained to sell or give any guns and ammunition they own to a law enforcement agency during the time the restraining order is in effect, and can order him or her not to buy a gun while the restraining order is in effect.

Restitution: The person seeking protection may ask the judge to order the restrained person to pay back lost earnings or other expenses (such as ambulance, medical, dental, shelter, and counseling bills) that are a result of the domestic violence.

Counseling: The person seeking protection may ask the judge to order the restrained person to attend a "certified batterers treatment program" or other counseling service.


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